Implementation of the Smoke-Free Hawai'i Law, Nov. 16, 2006
(American Cancer Society's Great American Smokeout)

What is the intent of the Smoke-Free Hawai‘i law?
Hawai‘i now has a fair and consistent smoke-free law that protects all workers in enclosed workplaces. Until this law was passed, smoke-free ordinances varied from county to county. Entire groups of workers were left unprotected from the danger of secondhand smoke.

The law is designed to protect the health and wellbeing of the public, including employees, who do not want to be subjected to secondhand smoke. It is not a ban. Smokers may still purchase and use smoke-producing tobacco products in areas other than those designated as smoke-free under the law.

What is the impact of the law on our community?
The costs of smoking to public health and our economy are substantial. This is not a simple social behavior issue—there are immediate, acute health dangers, as well as potential long-term consequences such as respiratory illnesses, heart disease and various types of cancer.

Employees who work in smoke-free environments are sick less often. There is mounting evidence that instituting smoke-free workplaces dramatically improves the respiratory health of workers. For example, a study of bartenders in California showed rapid improvement in respiratory health, both through self-reporting and medical tests of lung function.

Hawai‘i is the fourteenth state to pass a smoke-free law, joining not just a national trend, but a movement sweeping the globe as cities, counties, states, provinces and entire countries become smoke-free.

Who supported the passage of the Smoke-Free Hawai‘i law?
The passage of this law is in direct response to what the overwhelming majority of Hawai‘i voters asked for. Lawmakers listened to the voice of the people and passed this bill. The Senate voted 22-3 in favor and the House of Representatives voted 47-4 in favor of the law.

• A voter poll conducted in fall 2005 showed overwhelming support – 85% – for this type of law. This statistic includes smokers.
• 93% of Hawai‘i voters believe workers should be protected from exposure to secondhand smoke and that restaurants and bars would be healthier for customers and employees if they were smoke-free.
• 91% believe the laws and protection should be consistent statewide.

There is little business opposition. In fact, there is a growing trend for businesses to adopt smoke-free policies. Growing customer demand and increased costs for healthcare and building maintenance fueled these decisions.

How will the law affect me?
If you are a smoker, now is a great time to consider quitting. Resources such as the Hawai‘i Tobacco Quitline, 1-800-QUIT NOW, are available to help you determine the best way to break the habit.

An increase in the number of quit attempts is expected as November 16, 2006 (American Cancer Society’s Great American Smokeout) draws near. Resources, such as the Hawai‘i Tobacco Quitline, are available for those who need information and assistance to quit.

If smokers light up where smoking is prohibited, they could be fined $50 plus $25 for court costs.

Smokers will still be able to smoke at home, in their cars and in outdoor areas that fall outside the reasonable distance provision of 20 feet from doorways, windows and ventilation intakes.

Employees of businesses that continue to allow smoking after November 16, 2006, will be able to seek help and report violations to the Department of Health at 586-4613, without fear of retaliation.

If the smoke of bars and nightclubs is what kept you away, it’s time to dust off your dancing shoes. Nightlife in Hawai‘i will be smoke-free.

How does the law affect my business?
As a business owner or manager you will be responsible for compliance with the law.

Clearly legible signs with either the words “Smoking Prohibited by Law” or the international “No Smoking” symbol are required to be conspicuously posted at the entrance to any place of employment or place open to the public where smoking is prohibited.

If your business or facility is not covered by the language of the law, you may declare it smoke-free (including outdoor areas) by posting signs that designate it as such.

Business owners and managers who allow patrons or employees to smoke in a facility that has been declared smoke-free under the Smoke-Free Hawai‘i law run the risk of fines and suspension or revocation of any licenses or permits issued to either the person or the place of business where the violation occurred.

Any questions or concerns about the new law may be directed to the Aloha United Way information line by calling 211 or to the Department of Health at 586-4613.

Across the country the experience of going smoke-free has been positive for businesses – including bars. The trend has been for increased revenues. According to the results of a poll conducted in fall 2005, 31% of voters say they would go out the same amount or more often if smoking were not allowed in bars and restaurants and 66% said the law won’t affect how often they go out to bars and restaurants. Hawai‘i businesses should expect to see a positive economic impact with this new law.

How do I file a complaint?

You have three options:

1. File online at www.HawaiiSmokeFree.com
   
2. Write a letter to the Department of Health Tobacco Prevention and Education Program, 1250 Punchbowl Street, Room 217, Honolulu, HI 96813
3. Call the Aloha United Way helpline: 211. Ask to file a complaint over the phone, or request a form be sent to your address.

If you would like to post a question, please click here.